Source Code for Breathalyzers Found to be Shoddy

For years breathalyzers have been the subject of speculation and skepticism regarding their accuracy. Defense lawyers for DUI cases repeatedly have challenged the test’s validity and scientific merit. Underlying the entire issue is a question of the source code, and how the breathalyzers are programmed. Some states, such as Florida, Minnesota, and New Jersey have mandated reviews of the machinery, though the manufacturers of the breathalyzers have resisted repeatedly despite fines and court orders.

A landmark case involving a New Jersey criminal lawyer lead to a court ordered review of the programming running a certain brand of breathalyzers used by various police departments.

The court case that unlocked the source code for the Alcotest 7110 by Draeger revealed that the code was poorly maintained, didn’t meet industry standards, and contained excessive errors. A test requested by the defendant revealed that there were specifically 24 malfunctions when the breathalyzer returned bad results. This means that the chances of the equipment giving a false positive for a breath test are very real and throws a shadow of doubt over the whole process.

The ramifications of this case haven’t yet been felt in the legal community, though the long term consequences can be significant, both financially for breathalyzer manufacturers, as well as previous convictions based on breath tests.

James Fabbrini
Chicago law firm specializing in DUIs.